Document Type : Original Article

Authors

1 PhD in Criminology, Kashan University, Kashan, Iran

2 Kashan University

Abstract

One of the things that causes responsibility under the doctrine of causality, is the rule of causality in the law and jurisprudence. This rule also applies to the crimes and violations found in the building and construction.
Sometimes this rule conflicts with other rules in the subject matter. The present study examines the relationship between the rule of causation and its relationship with other rules in construction crimes and with the rules of warning, benevolence, no-harm, waste and deception in a descriptive-analytical method, using library tools with the aim of knowledge raising and awareness. The results of this research are:
If effective warning conditions are observed in the construction industry, the warning rule governs the rule of causation, and also if benefactor has done the conditions of benevolence in the subject under discussion, that is, acting according to the laws and regulations, the rule of benevolence takes precedence. In the no-harm rule, the opposite point of which in the causality is the rule of domination, if the action of the owner is in his favor or the repulsion of the loss from himself, the rule of domination prevails, otherwise the no-harm rule is followed by that domination. The rule of deception does not oppose causation and if there is a deception done, the deceptor or the cause is responsible. If waste is made by mediation, it is causation itself as well. The condition of responsibility in causation, is the fault of cause.

Keywords

  1. The Holy Quran
  2. Ibn Manzoor (1985), Abu al-Fadl Jamal al-Din Muhammad ibn Makram, Language of the Arabs, Volume 5, Publication of the literature of the seminary, Qom.
  3. Isfahani (2009), Mohammad Hussein, Research in Jurisprudence (rent book), second edition, Qom, Islamic Publishing Institute.
  4. Emami (1991), Seyed Hassan, Civil Law Vol. 1, Qom, Islamic Bookstore.
  5. Ansari (1994), Morteza Ibn Mohammad Amin, Rasa'il, vol.
  6. Baghernia Hemmati (2011), Mahrokh, Civil Liability Contractor and Supervising Engineer, Guilan University Campus Building.
  7. Jafari Langarudi (2005), Muhammad Jafar, Terminologhi of Law, Panzdham publication, Tehran, Ganj Danesh library.
  8. Langroudi (2007), Muhammad Jafari Jafari, Extensive in terminology of Law, Volume 1, second edition, Tehran, Ganj Danesh.
  9. Helli (2007), Hasan bin Yusuf bin Mutahar, Various Shiites, Volume 9, First edition, Qom, Islamic Publishing Institution.
  10. Jawhari (1990), Ismail bin Hammad, Al-Sihah - Taj Al-Lughah wa Sihah Al-Arabiya, First edition, Beirut, Dar Al-Ilm for Millions.
  11. Jewel Alama (1994), Hassan bin Yusuf bin Mutahar; Remember him jurisprudence, Qom, Aal al-Bayt Foundation, peace be upon them, for the revival of heritage.
  12. Himyri (2000) Nashwan bin Said, Shams al-Ulum and the Medicine of Arab Kalam from Kaloum, First edition, Beirut: House of Contemporary Thought.
  13. Khazaei (1998), Manouchehr, Criminal Process (Collection of Articles), Tehran, Ganj-e-Danesh.
  14. Khosravi (2010), Mohammad Reza, Complete Collection of Criminal Laws and Regulations, Second Edition, Tehran, Majd Scientific and Cultural Association.
  15. Dehkhoda (1998), Ali Akbar, Dictionary, Volume 43, Tehran, University of Tehran.
  16. Agriculture (2013), Abbas, Brief Description of the Islamic Penal Code, Volume One, Second Edition, Tehran, Ghoghnoos.
  17. Sobhani Tabrizi (2002), Jafar (prescribed), Tahzib al-Osul, Tehran, Imam Khomeini Publishing House.
  18. Toosi (1968), Abu Ja`far Muhammad ibn Hasan, Al-Mabsout in the Fiqh of the Imamiyyah, Volume 3, Third edition, Tehran, Al-Murtaza Library for the Revival of Ja`fari Antiquities.
  19. Ameli (1993), Sheikh Hurr, Wasa'il al-Shi'ah, Beirut, Al-Bayt Foundation.
  20. Abbaspour (2017), Mahnaz, Lazarar Rules, Tehran, Meshkat Publications.
  21. Fadel Lankarani (1996), Muhammad, Jurisprudence Rules, Volume 1, First edition, Qom, Mehr Publications.
  22. Fallah (2012), Mohammad, Crimes and Violations of Building Engineering in Iranian Law, Tehran, Sina.
  23. Feyz (2005), Alireza, Principles of Jurisprudence and Principles, 17th edition, Tehran, University of Tehran.
  24. Ghasemzadeh (2006), Seyed Morteza, Principles of Civil Liability, Tehran, Nashrmizan.
  25. Ghorbannia (1998), Nasser, A Study on Government Civil Liability in Imami Jurisprudence and Subject Law, Journal of Mofid Letter, No. 13.
  26. Ghiyasi (2006), Jalaluddin, Causation in criminal law, third edition, Qom, Madin Publications.
  27. Katozian (2008), Nasser, Non-Contractual Requirements, Volume 1, Tehran: University of Tehran.
  28. Lotfi (2010), Assadollah, Ehsan Rules, Journal of the Faculty of Law and Political Science, No. 50.
  29. Mohaghegh Damad (2007), Seyed Mostafa, Rules of Jurisprudence, Volume 2, Tehran, Samt.
  30. Mohammadi (2010), Abolhassan, Rules of Jurisprudence, Eleventh edition, Tehran, Mizan Publishing.
  31. Muzaffar (1991), Mohammad Reza, Principles of Jurisprudence, Fourth Edition, Qom, Qom Seminary Islamic Propaganda Office Publishing Center.
  32. Makarem Shirazi (2001), Nasser; Rules of Jurisprudence, Qom, School of Imam Ali Ibn Abi Talib (peace be upon him).
  33. Momeni (2016), Khosrow, Quality of Liability for Various Damage Factors, Critique of Articles 526, 533 and 535 of the Islamic Penal Code approved in 1992, Studies of Islamic Jurisprudence and Law, No. 14.
  34. Mousavi Bojnourdi (2002), Mirza Hassan, Rules of Jurisprudence, Qom, Ismaili Press Institute.
  35. Mousavi Bojnourdi (2010), Mohammad, Rules of Jurisprudence, Tehran, Orouj Publishing Institute.
  36. Mousavi Khomeini (1983), Seyyed Ruhollah, Tahrir Al-Wasila, First edition, Qom, Institute of publishing traces of Imam.
  37. Najafi (Kashif al-Ghatta ') (2002), Ja'far ibn Khidr, Kashf al-Ghatta' on the ambiguities of Sharia al-Ghara ', 1st edition, Qom, Qom Seminary Islamic Propaganda Office Publications.
  38. Vahdati Shobiri (2011), Seyed Hassan, Fundamentals of Contractual Civil Liability, Third Edition, Qom, Institute of Islamic Sciences and Culture.
  39. Vafa Darvishpour (2006), Mohammad, Research article on the jurisprudential rule of pride, Quarterly Journal of Islamic Jurisprudence and Law, No. 4.
  40. Hashemi Shahroudi (1975), Mahmoud, The Conflict of Sharia Evidence, Lectures by Ayatollah Sadr, Beirut.
  41. Arretn, de1, desamber (2010) courde cassation premiere chamber civli.
  42. Calandrillo, p.s, (2006) An economic analysis of the eggshell plaintiff rull. American law and economic Assocation Annual meetings paper19.
  43. Harpood, V. (2009) Modern Tort Law. Seventh edition, London: Cavendish publishing.